BILL NUMBER: AB 458	CHAPTERED  10/10/99

	CHAPTER   823
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 8, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 3, 1999
	PASSED THE SENATE   AUGUST 31, 1999
	AMENDED IN SENATE   AUGUST 25, 1999
	AMENDED IN SENATE   AUGUST 17, 1999
	AMENDED IN SENATE   JULY 14, 1999
	AMENDED IN SENATE   JUNE 2, 1999
	AMENDED IN ASSEMBLY   APRIL 6, 1999

INTRODUCED BY   Assembly Member Zettel

                        FEBRUARY 16, 1999

   An act to amend Sections 8201, 8202, and 8212 of, and to add
Section 8226 to, the Education Code, and to amend Sections 1596.859
and 1596.890 of the Health and Safety Code, relating to child care.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 458, Zettel.  Child care providers.
   (1) Existing law requires every licensed child day care facility
to make accessible to the public a copy of any licensing report
pertaining to the facility that documents a facility visit or a
substantial complaint investigation.  Existing law requires each
child day care facility to permanently post in a facility location
accessible to parents and guardians a written notice of the right to
make an inspection of the facility.  Existing law also requires the
Community Care Licensing Division of the State Department of Social
Services to regulate child care licensees through an organizational
unit separate from that used to regulate all other licensing
programs.
   This bill would require every child care resource and referral
program and every alternative payment program to advise every person
who requests a child care referral of his or her right to the
licensing information of a licensed child day care facility required
to be maintained at the facility, and to access any public files
pertaining to the facility that are maintained by the State
Department of Social Services Community Care Licensing Division.
   A willful or repeated violation of related provisions is a
misdemeanor pursuant to existing provisions of law.
   This bill would, notwithstanding those provisions, provide that
the sole sanction for failure of a child care resource and referral
agency or an alternative payment program to comply with the bill's
requirement is that set forth in the "Funding Terms and Conditions"
agreement between the affected agency or program and the State
Department of Education.
   (2) This bill would incorporate additional changes in Section 8202
of the Education Code, proposed by SB 1249, to be operative only if
SB 1249 and this bill are both chaptered and become effective on or
before January 1, 2000, and this bill is chaptered last.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  This act shall be known and may be cited as "Oliver's
Law."
  SEC. 2.  (a) The Legislature finds and declares all of the
following:
   (1) The Education Code and the Health and Safety Code provide for
the licensure of child day care facilities and providers.  Parents
and families of children who utilize licensed child care can make
more informed child care choices by investigating, reviewing, and
evaluating all available information regarding licensed child care
facilities and providers.
   (2) Child care resource and referral agencies are in a unique
position to provide notification to parents and families of children
who utilize licensed child care of their right to review certain
child care licensing files.
   (b) It is, therefore, the intent of the Legislature to encourage
parental responsibility to thoroughly investigate, review, and
evaluate all available information relating to licensed child care
providers by providing notice to parents and families of children who
utilize licensed child care of their right to review certain child
care licensing files.
  SEC. 3.  Section 8201 of the Education Code is amended to read:
   8201.  The purpose of this chapter is as follows:
   (a) To provide a comprehensive, coordinated, and cost-effective
system of child care and development services for children to age 14
and their parents, including a full range of supervision, health, and
support services through full- and part-time programs.
   (b) To encourage community-level coordination in support of child
care and development services.
   (c) To provide an environment that is healthy and nurturing for
all children in child care and development programs.
   (d) To provide the opportunity for positive parenting to take
place through understanding of human growth and development.
   (e) To reduce strain between parent and child in order to prevent
abuse, neglect, or exploitation.
   (f) To enhance the cognitive development of children, with
particular emphasis upon those children who require special
assistance, including bilingual capabilities to attain their full
potential.
   (g) To establish a framework for the expansion of child care and
development services.
   (h) To empower and encourage parents and families of children who
require child care services to take responsibility to review the
safety of the child care program or facility and to evaluate the
ability of the program or facility to meet the needs of the child.
  SEC. 4.  Section 8202 of the Education Code is amended to read:
   8202.  It is the intent of the Legislature that:
   (a) All families have access to child care and development
services, through resource and referral services, where appropriate,
regardless of ethnic status, cultural background, or special needs.
It is further the intent that subsidized child care and development
services be provided to persons meeting the eligibility criteria
established under this chapter to the extent funding is made
available by the Legislature and Congress.
   (b) The healthy physical, cognitive, social, and emotional growth
and development of children be supported.
   (c) Families achieve and maintain their personal, social,
economic, and emotional stability through an opportunity to attain
financial stability through employment, while maximizing growth and
development of their children, and enhancing their parenting skills
through participation in child care and development programs.
   (d) Community-level coordination in support of child care and
development services be encouraged.
   (e) Families have a choice of programs that allow for maximum
involvement in planning, implementation, operation, and evaluation of
child care and development programs.
   (f) Parents and families be fully informed of their rights and
responsibilities to evaluate the quality and safety of child care
programs, including, but not limited to, their right to inspect child
care licensing files.
   (g) Planning for expansion of child care and development programs
be based on ongoing local needs assessments.
   (h) The Superintendent of Public Instruction, in providing funding
to child care and development agencies, promote a range of services
which will allow parents the opportunity to choose the type of care
most suited to their needs.  The program scope may include the
following:
   (1) Programs located in centers, family day care homes, or in the
child's own home.
   (2) Services provided part-day, full-day, and during nonstandard
hours including weekend care, night and shift care, before and after
school care, and care during holidays and vacation.
   (3) Child care services provided for infants, preschool, and
schoolage children.
   (i) The Superintendent of Public Instruction be responsible for
the establishment of a public hearing process or other public input
process that ensures the participation of those agencies directly
affected by a particular section or sections of this chapter.
  SEC. 4.5.  Section 8202 of the Education Code is amended to read:
   8202.  It is the intent of the Legislature that:
   (a) All families have access to child care and development
services, through resource and referral services, where appropriate,
regardless of ethnic status, cultural background, or special needs.
It is further the intent that subsidized child care and development
services be provided to persons meeting the eligibility criteria
established under this chapter to the extent funding is made
available by the Legislature and Congress.
   (b) The healthy physical, cognitive, social, and emotional growth
and development of children be supported.
   (c) Families achieve and maintain their personal, social,
economic, and emotional stability through an opportunity to attain
financial stability through employment, while maximizing growth and
development of their children, and enhancing their parenting skills
through participation in child care and development programs.
   (d) Community-level coordination in support of child care and
development services be encouraged.
   (e) Families have, and are informed that they have, a choice of
programs that allow for maximum involvement in planning,
implementation, operation, and evaluation of child care and
development programs and that they be given the maximum possible
information about the availability, cost, operation, and
effectiveness of each option.
   (f) Parents and families be fully informed of their rights and
responsibilities to evaluate the quality and safety of child care
programs, including, but not limited to, their right to inspect child
care licensing files.
   (g) Planning for expansion of child care and development programs
be based on ongoing local needs assessments.
   (h) The Superintendent of Public Instruction, in providing funding
to child care and development agencies, promote a range of services
which will allow parents the opportunity to choose the type of care
most suited to their needs.  The program scope may include the
following:
   (1) Programs located in centers, family day care homes, or in the
child's own home.
   (2) Services provided part-day, full-day, and during nonstandard
hours including weekend care, night and shift care, before and after
school care, and care during holidays and vacation.
   (3) Child care services provided for infants, preschool, and
schoolage children.
   (i) The Superintendent of Public Instruction be responsible for
the establishment of a public hearing process or other public input
process that ensures the participation of those agencies directly
affected by a particular section or sections of this chapter.
  SEC. 5.  Section 8212 of the Education Code is amended to read:
   8212.  For purposes of this article, child care resource and
referral programs, established to serve a defined geographic area,
shall provide the following services:
   (a) Identification of the full range of existing child care
services through information provided by all relevant public and
private agencies in the areas of service, and the development of a
resource file of those services which shall be maintained and updated
at least quarterly.  These services shall include, but not be
limited to, family day care homes, public and private day care
programs, full-time and part-time programs, and infant, preschool,
and extended care programs.
   The resource file shall include, but not be limited to, the
following information:
   (1) Type of program.
   (2) Hours of service.
   (3) Ages of children served.
   (4) Fees and eligibility for services.
   (5) Significant program information.
   (b) (1) Establishment of a referral process which responds to
parental need for information and which is provided with full
recognition of the confidentiality rights  of parents.  Resource and
referral programs shall make referrals to licensed child care
facilities.  Referrals shall be made to unlicensed care facilities
only if there is no requirement that the facility be licensed.  The
referral process shall afford parents maximum access to all referral
information.  This access shall include, but is not limited to,
telephone referrals to be made available for at least 30 hours per
week as part of a full week of operation.  Every effort shall be made
to reach all parents within the defined geographic area, including,
but not limited to, any of the following:
   (A) Toll-free telephone lines.
   (B) Office space convenient to parents and providers.
   (C) Referrals in languages which are spoken in the community.
   Each child care resource and referral agency shall publicize its
services through all available media sources, agencies, and other
appropriate methods.
   (2) (A) Provision of information to any person who requests a
child care referral of his or her right to view the licensing
information of a licensed child day care facility required to be
maintained at the facility pursuant to Section 1596.859 of the Health
and Safety Code and to access any public files pertaining to the
facility that are maintained by the State Department of Social
Services Community Care Licensing Division.
   (B) A written or oral advisement in substantially the following
form will comply with the requirements of subparagraph (A):
   "State law requires licensed child day care facilities to make
accessible to the public a copy of any licensing report pertaining to
the facility that documents a facility visit or a substantiated
complaint investigation.  In addition, a more complete file regarding
a child care licensee may be available at an office of the State
Department of Social Services Community Care Licensing Division.  You
have the right to access any public information in these files."
   (c) Maintenance of ongoing documentation of requests for service
tabulated through the internal referral process.  The following
documentation of requests for service shall be maintained by all
child care resource and referral agencies:
   (1) Number of calls and contacts to the child care information and
referral agency or component.
   (2) Ages of children served.
   (3) Time category of child care request for each child.
   (4) Special time category, such as nights, weekends, and swing
shift.
   (5) Reason that the child care is needed.
   This information shall be maintained in a manner that is easily
accessible for dissemination purposes.
   (d) Provision of technical assistance to existing and potential
providers of all types of child care services.  This assistance shall
include, but not be limited to:
   (1) Information on all aspects of initiating new child care
services including, but not limited to, licensing, zoning, program
and budget development, and assistance in finding this information
from other sources.
   (2) Information and resources which shall help existing child care
services providers to maximize their ability to serve the children
and parents of their community.
   (3) Dissemination of information on current public issues
affecting the local  and state delivery of child care services.
   (4) Facilitation of communication between existing child care and
child-related services providers in the community served.
   Services prescribed by this section shall be provided in order to
maximize parental choice in the selection of child care to facilitate
the maintenance and development of child care services and
resources.
  SEC. 6.  Section 8226 is added to the Education Code, to read:
   8226.  (a) When making referrals, every agency operating pursuant
to this article shall provide information to any person who requests
a child care referral of his or her right to view the licensing
information of a licensed child day care facility required to be
maintained at the facility pursuant to Section 1596.859 of the Health
and Safety Code and to access any public files pertaining to the
facility that are maintained by the State Department of Social
Services Community Care Licensing Division.
   (b) A written or oral advisement in substantially the following
form will comply with the requirements of subdivision (a):
   "State law requires licensed child day care facilities to make
accessible to the public a copy of any licensing report pertaining to
the facility that documents a facility visit or a substantiated
complaint investigation.  In addition, a more complete file regarding
a child care licensee may be available at an office of the State
Department of Social Services Community Care Licensing Division.  You
have the right to access any public information in these files."
  SEC. 7.  Section 1596.859 of the Health and Safety Code is amended
to read:
   1596.859.  (a) (1) Each licensed child day care facility shall
make accessible to the public a copy of any licensing report
pertaining to the facility that documents a facility visit or a
substantiated complaint investigation.  An individual report shall
not be required to be maintained beyond three years from the date of
issuance, and shall not include any information that would not have
been accessible to the public through the State Department of Social
Services Community Care Licensing Division.
   (2) (A) Every child care resource and referral program established
pursuant to Article 2 (commencing with Section 8210) of Chapter 2 of
Part 6 of the Education Code, and every alternative payment program
established pursuant to Article 3 (commencing with Section 8220) of
Chapter 2 of Part 6 of the Education Code shall advise every person
who requests a child care referral of his or her right to the
licensing information of a licensed child day care facility required
to be maintained at the facility pursuant to this section and to
access any public files pertaining to the facility that are
maintained by the State Department of Social Services Community Care
Licensing Division.
   (B) A written or oral advisement in substantially the following
form will comply with the requirements of subparagraph (A):
   "State law requires licensed child day care facilities to make
accessible to the public a copy of any licensing report pertaining to
the facility that documents a facility visit or a substantiated
complaint investigation.  In addition, a more complete file regarding
a child care licensee may be available at an office of the State
Department of Social Services Community Care Licensing Division.  You
have the right to access any public information in these files."
   (b) Within 30 days after the date specified by the department for
a licensee to correct a deficiency, the department shall provide the
licensee with a licensing report or other appropriate document
verifying compliance or noncompliance.  Notwithstanding any other
provision of law, and with good cause, the department may provide the
licensee with an alternate timeframe for providing the licensing
report or other appropriate document verifying compliance or
noncompliance.  If the department provides the licensee with an
alternate timeframe, it shall also provide the reasons for the
alternate timeframe, in writing.  The licensee may make this
documentation available to the public.
  SEC. 8.  Section 1596.890 of the Health and Safety Code is amended
to read:
   1596.890.  (a) Any person who willfully or repeatedly violates any
provision of this chapter, or any rule or regulation promulgated
under this chapter is guilty of a misdemeanor.  Upon conviction
thereof, such a person shall be punished by a fine not to exceed one
thousand dollars ($1,000) or by imprisonment in the county jail for a
period not to exceed 180 days, or by both the fine and imprisonment.
  The operation of a child day care facility without a license issued
pursuant to this chapter shall make the owner or operator, or both,
subject to a summons to appear in court.
   (b) Notwithstanding subdivision (a) or any other provision of law,
the sole sanction for failure of a resources and referral agency or
an alternative payment program to comply with paragraph (2) of
subdivision (a) of Section 1596.859 shall be set forth in the
"Funding Terms and Conditions" agreement between the affected agency
or program and the State Department of Education.
  SEC. 9.  Section 4.5 of this bill incorporates amendments to
Section 8202 of the Education Code proposed by both this bill and SB
1249.  It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2000, (2) each bill
amends Section 8202 of the Education Code, and (3) this bill is
enacted after SB 1249, in which case Section 4 of this bill shall not
become operative.
